Section 65B of the Indian Evidence Act — What Every Advocate Needs to Know in 2026
Section 65B of the Indian Evidence Act, 1872 was introduced by the Information Technology Act, 2000 to address a simple but critical problem: how does a court evaluate a printout of a WhatsApp chat, a bank statement exported from a portal, or a screenshot of a conversation? These are not original documents. They are computer-generated outputs. Section 65B sets out the conditions under which such outputs are admissible as secondary evidence of the original electronic record.
Why it matters more than ever
In the 25 years since Section 65B came into force, digital evidence has moved from the periphery of litigation to its centre. Today, the most important evidence in fraud cases, matrimonial disputes, employment matters, and criminal proceedings is often digital — emails, messages, CCTV footage, GPS logs, financial transaction records.
Yet a significant proportion of cases are lost or weakened not because the underlying evidence was absent, but because it was presented incorrectly. Courts have rejected otherwise compelling digital evidence on procedural grounds, and appellate courts have consistently upheld those rejections.
The three requirements of Section 65B
For a computer output to be admissible as evidence of an electronic record, Section 65B requires that:
- The computer producing the output was used regularly in the activity in question during the period over which the record was produced.
- The computer was operating properly during that period — or if it was not, that the improper operation did not affect the accuracy of the output.
- The information in the output reproduces or is derived from information supplied to the computer in the ordinary course of those activities.
These conditions must be certified in a certificate under Section 65B(4) — signed by a responsible official of the organisation that operated the computer, or by a person occupying a responsible position in relation to its operation.
The certificate — the most commonly missed requirement
The Section 65B(4) certificate is not optional. The Supreme Court's ruling in Anvar P.V. v. P.K. Basheer (2014) made clear that a certificate is a condition precedent to the admissibility of electronic records. Without it, the evidence cannot be admitted — even if its authenticity is not disputed.
Subsequent decisions including Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020) reinforced this position and clarified who may issue such a certificate. The certificate must come from a person who has control over or is responsible for the device that produced the output.
A forensic examiner is not a substitute for the Section 65B certificate. The examiner's role is to verify the integrity and authenticity of the evidence — not to certify its origin. Both are required for admissible court-ready evidence.
What a properly prepared Section 65B affidavit looks like
At SatyaDigi Forensics Limited, we prepare Section 65B affidavits as part of every engagement where digital evidence is destined for court. A properly prepared affidavit will:
- Identify the device and its responsible custodian by name, designation, and organisation.
- Confirm the device was in regular use during the relevant period.
- State that the device was functioning correctly — or qualify this with any known exceptions.
- Describe the process by which the output was generated.
- Be accompanied by a hash value (MD5 or SHA-256) of the electronic record, allowing courts to verify that the output has not been tampered with.
Common mistakes that invalidate Section 65B evidence
We see the same errors repeatedly in evidence that comes to us for review:
- Screenshots without chain of custody. A screenshot taken on a personal phone and emailed to a solicitor has no verified chain of custody and cannot be certified under 65B(4).
- Certificates signed by the wrong person. The certificate must be issued by the person responsible for the device — not the client's IT vendor, not a junior employee, not the advocate.
- Missing hash values. Without a hash value, it is impossible to prove the output has not been altered between collection and presentation.
- Downloaded bank statements. PDFs downloaded from a bank portal are computer outputs. They require a 65B certificate from the bank — not just a printout stamped by a branch manager.
The practical implication for law firms
If you are instructing a digital forensics expert, instruct them early — before the evidence is collected if possible. Forensic best practices and Section 65B compliance are most easily achieved when the examiner is involved from the outset. Retrofitting procedural compliance onto already-collected evidence is difficult and sometimes impossible.
SatyaDigi Forensics Limited works directly with advocates and law firms across India to prepare Section 65B-compliant evidence packages. If you have a matter involving digital evidence, we are available for a confidential consultation.